How have crime victims been historically treated by the court system as compared to how they are treated today?
What will be an ideal response?
• Initially the amount of punishment, restitution or other sanction levied against offenders was determined by the harm done to victims and laws required restitution to victim by offenders or state for injuries; the decision to prosecute was determined by victim or survivors;
• American colonial period, local magistrates decided guilt/innocence and sanction;
• New colonies: during this time crime victims began to lose their positions in the CJ system;
• Up until the 1800s victims were responsible for catching offenders, bringing them to court and hiring prosecutors. Judges allowed sanctions that provided victims with compensation through offender's labor;
• Public prosecutions: victims' role in CJ system disappeared – system became a closed system;
• 1970s – challenges to protections afforded rape victims led to the passage of laws for victims;
• Law and order movement: establishment of victim-witness assistance offices
• 1982 President's Task Force report recommendation – encouraged to make crime victims the main focus and concern.
• Today, crime victims' bill of rights (see pages 80-82 in text).
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